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299F. Fire Marshal Page 6 of 48 (2) regulating the means of egress from family or group family day care homes in addition to the egress rules that apply to the home as a single family dwelling; or (3) confining family or group family day care home activities to the floor of exit discharge. (b) For purposes of this subdivision, "family or group family day care home" means a dwelling unit in which the day care provider provides the services referred to in section 245A.02, subdivision 10 , to one or more persons. (c) Nothing in this subdivision prohibits the Department of Human Services from adopting or enforcing rules regulating day care, including the subjects in paragraph (a), clauses (1) and (3). The department may not, however, adopt or enforce a rule stricter than paragraph (a), clause (2). (d) The Department of Human Services may by rule adopt procedures for requesting the state fire marshal or a local fire marshal to conduct an inspection of day care homes to ensure compliance with state or local fire codes. (e) The commissioners of public safety and human services may enter into an agreement for the commissioner of human services to perform follow -up inspections of programs, subject to licensure under chapter 245A, to determine whether certain violations cited by the state fire marshal have been corrected. The agreement shall identify specific items the commissioner of human services is permitted to inspect. The list of items is not subject to rulemaking and may be changed by mutual agreement between the state fire marshal and the commissioner. The agreement shall provide for training of individuals who will conduct follow -up inspections. The agreement shall contain procedures for the commissioner of human services to follow when the commissioner requires assistance from the state fire marshal to carry out the duties of the agreement. (f) No tort liability is transferred to the commissioner of human services as a result of the .commissioner of human ervicesz g•aetivities_within the limits_ of tbe`agr -v ` • Subd. 4b. Stairway. The State Fire Code shall not require stairways of existing multiple dwelling buildings of two stories or less to be enclosed. For the purposes of this subdivision the term "stories" has the meaning given it in the State Building Code. Sub& 4c.[Repealed, 2005 c 136 art 9 s 15] r"thibd. 5. Appeal policy; variance. Upon application, the state fire marshal may grant variances from the minimum requirements specified in the code if there is substantial compliance with the provisions of the code, the safety of the public and occupants of such building will not be jeopardized, and undue hardship will result to the applicant unless such variance is granted. No appeal to the state fire marshal for a variance from orders issued by a local fire official from the State Fire Code shall be accepted until the applicant has first made application to the local governing body and the local unit has acted on the application. The state fire marshal shall consider any decisions or recommendations of the local governing body. Any person aggrieved by a decision made by the fire marshal under this subdivision may proceed before the fire marshal as with a contested case in accordance with the Administrative Procedure Act. Subd. 5a. Local board of appeaL Local governing bodies may appoint boards of appeal to hear and rule on appeals from orders issued under the fire code. An appeal from a local board of appeal may be made to the local governing body. If a board of appeal is not appointed, the appeals of orders must be made directly to the governing body. Local boards of appeal and governing bodies are not liable for damages in connection with granting variances, abatements, denials, or modifications of orders from the fire code that are made in good faith. Subd. 5b. Variance considerations. When considering appeals for variances from the fire code, the local appeal board or governing bodyurthe state fire marshal, a state administrative law • • —59d- httpJ /rosieg.mni bin /getpub.php ?pubtype= STAT_CHAP &year =2006 &section =299F 5/21/2007